Dismissed¶26

Magma Housing Finance Ltd. v. State of Chhattisgarh

Chhattisgarh HC6 Feb 2025WPC/123/2020

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; WPC No. 123 of 2020; decided 07.02.2025 by Rakesh Mohan Pandey, J.; petitioner Magma Housing Finance Ltd. challenged order dated 30/09/2019 after its S.14 SARFAESI application was rejected on 20.9.2019 by DM Janjgir-Champa on the death of borrower Paras Ram Sahu with liberty to implead legal representatives; liberty not availed; no appearance for petitioner in second round; petition dismissed at admission stage; State represented by Shri Lav Sharma, P.L.

What did the court decide?

None; the petition was dismissed. ¶26

Magma Housing Finance Ltd. Vs State of Chhattisgarh — Banking and Recovery | Chhattisgarh HC (2025)

2025:CGHC:7042

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 123 of 2020

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Digitally signed by SMT NIRMALA RAO

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1 - Magma Housing Finance Ltd. Through Authorized Officer/legal Officer Abhay Dubey S/o Jamuna Prasad Dubey Aged About 36 Years, Presently Posted As Law Officer At Magma Fincorp Ltd. Branch Bilaspur, District : Bilaspur, Chhattisgarh

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of Revenue, Mahanadi Bhavan, Naya Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

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2 - Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

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3 - Paras Ram Sahu (Dead) S/o Moti Ram Sahu, R/o House No. 302, Sondula, Janjgir-Champa, Tehsil And District- Janjgir-Champa Chhattisgarh Other Address- Village Sondula, Malkharoda, Rmn Adbhar, Khasra No. 691/1, 694/1, Halka No. 02, Tehsil Malkharoda, DistrictJanjgir-Champa Chhattisgarh Pin 495689, District : Janjgir-Champa, Chhattisgarh

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4 - Rohit Kumar Sahu (Co-Borrower) S/o Paras Ram Sahu Aged About 35 Years R/o House No. 292, Ward No. 44, Nagoikhar, Darrikhar, Tehsil Katghora, Main Road Darri, Korba, Chhattisgarh 49589, District : Korba, Chhattisgarh

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5 - Shyam Kumar Sahu (Co-Borrower) S/o Moti Ram Sahu Aged About 50 Years R/o Sondula, Janjgir-Champa, Tehsil And District JanjgirChampa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

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---- Respondents

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For Petitioner : None. For Respondent/ State : Shri Lav Sharma, P.L.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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-2-

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07.02.2025

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Heard on admission.

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No one appears on behalf of the petitioner even when the case is taken up for hearing in the second round.

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The petitioner has filed this petition seeking for the following reliefs:

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“10.1 That the Hon'ble Court may kindly be pleased to set aside and quashed the impugned order dated 30/09/2019. 10.2 That the Hon'ble Court may kindly be pleased to call for the records pertaining to the case of the petitioner.

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10.3 Any other relief as deemed fit by this Hon'ble Court may also be granted in favour of the petitioner.”

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It appears that an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), was moved before the District Magistrate, Janjgir-Champa and the same was rejected vide order dated 20.9.2019 on account of death of Paras Ram Sahu. However, liberty was granted to implead his legal representatives.

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Taking into consideration the fact that the petitioner was granted liberty to implead legal representatives of the borrower but, instead of moving an appropriate application, filed this petition, therefore, in opinion of this Court, no case is made out for interference. Accordingly, this petition fails and is hereby dismissed .

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Sd/- (Rakesh Mohan Pandey) Judge

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Nimmi

Magma Housing Finance Ltd. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Magma Housing Finance Ltd. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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